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President Lee Jae-myung questions Intellectual Property Office Commissioner Kim Yong-sun during a joint policy briefing by the Ministry of Trade, Industry and Energy, the Ministry of SMEs and Startups, and the IP Office at the Sejong Convention Center on Dec. 17. |
President Lee Jae-myung has ordered a formal review of lowering the age threshold for juvenile offenders exempt from criminal punishment, reviving a long-running debate amid growing public concern over youth crime. Legal experts broadly support the intent but caution that the move may have only limited deterrent effects.
During a policy briefing with the Ministry of Justice on Dec. 19, Lee instructed officials to place the issue of lowering the minimum age for criminal responsibility on the Cabinet agenda, according to officials.
Under South Korea’s Criminal Act, established in 1953, children aged 10 to under 14 are classified as juvenile offenders and are exempt from criminal punishment, instead receiving protective measures focused on education and rehabilitation. The system was designed to prioritize the reformability of minors over punitive sanctions.
Critics argue, however, that crimes committed by juvenile offenders have risen sharply in both number and severity. According to the Supreme Court’s Judicial Yearbook 2025, 7,294 juvenile offenders received protective dispositions in 2024, more than double the 3,465 recorded in 2020.
Serious offenses, including sexual crimes and acts of extreme violence, have also increased. Police data show that between Jan. 1 and Sept. 10, 2024, juveniles under 14 accounted for about 20 percent — 63 out of 318 suspects — arrested in deepfake-related sexual crimes, highlighting concerns over new forms of digital abuse.
Many in the legal community agree that the age standard should reflect changes in adolescents’ physical and mental maturity as well as the social environment. Kim Ji-yeon, an attorney with Lawyers for a New Future for Youth, said the widespread perception that offenders under 14 cannot be criminally punished has been exploited. “Some youths commit serious crimes like deepfake offenses believing authorities cannot punish them,” she said, noting that the non-disclosure of juvenile criminal records has also been abused.
Kim added that lowering the age by about one year could help address these problems, even if it partially conflicts with the system’s rehabilitative purpose. “In reality, victims are often even younger, and protecting minor victims must be a priority,” she said.
Shin Hye-sung, a lawyer at Yulwoo Law Firm and a former juvenile court judge, also voiced support for lowering the age in cases involving sexual crimes. “Many 13-year-olds today are far more mature than in the past and capable of committing serious offenses,” he said. “Allowing the possibility of criminal trials could have a necessary deterrent effect.”
Still, Shin stressed the limits of such a reform. “Lowering the age will not bring dramatic change,” he said, noting that the rise in juvenile cases is largely driven by school violence. “Contrary to public perception, it is extremely rare for children under 14 to commit crimes serious enough to warrant criminal trials. Since such cases are uncommon, the overall impact of an age cut would likely be modest.”
As the issue returns to the National Assembly agenda, attention is focused on whether the proposal — which has repeatedly stalled in the past — can gain enough consensus to move forward this time.
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